Inspection and inspection: the difference. Inspection and inspection of the vehicle

Despite the consonance of names, legally inspection and inspection of the vehicle are completely different procedures. But drivers and ordinary citizens often do not attach much importance to this. What is vehicle inspection and inspection? What is the difference between them? What are the grounds for the traffic police officer to be available for them? Who can conduct these procedures under what conditions? A detailed explanation of these concepts, their differences, as well as answers to many questions will be presented in today's article.

What if the traffic police inspector asks to demonstrate something in the car?

First of all, in order to understand the difference in inspection and inspection of a car, it is necessary to give an example of a situation that can arise absolutely with any driver while driving a vehicle.

Inspector of traffic police slows down the passing car for ordinary inspection of documents: driver's license, insurance and STS. Most likely, every driver is ready for such actions by a DPS officer. But what should I do if suddenly a traffic police officer asked me to open a glove compartment or trunk. What if the employees say that they need to inspect the hood? The driver is not obliged to comply with all requests of the inspector of the traffic police, including showing his belongings and opening everything at his request, no matter where he stopped the vehicle for inspection - in the city, on the road or on a country road.

The inspector without proper clearance is not entitled to demand to show what is in the trunk or glove compartment, and also to open the doors of the car's interior. But here the hood driver needs to be lifted without any obstacles, so that the traffic police officer can verify the number specified in the STS, and the number on the body. In all other cases, the traffic police officer makes attempts to carry out an inspection. And this procedure has its own peculiarities of carrying out. And in order to understand how the inspection differs from the inspection of the vehicle, it is necessary to disassemble both procedures in detail.

Car Inspection

Inspection - this is only a visual examination of the car, i.e. The inspector of the State Traffic Safety Inspectorate can inspect the visible parts of the vehicle for reconciling the number or registering the car. In the case of a simple inspection, the driver can offer to look into the car through the side windows of the doors, so that the employee can inspect the inside contents. But he should not touch anything and ask to get out of the driver's car or something to show.

The driver can sit in the car and do not interfere with his inspection, even at the moment when it is necessary to open the hood. When reconciling numbers in documents and under the hood, if the body number is dirty, asking to wash its TC driver is also illegal. If you recall, when the car is registered, when the state technical inspection of the vehicle is being conducted, none of the traffic police officers ask the driver to show the contents of the car. As a rule, after the inspection they do not issue any documents. In this example, the employee asked to show the contents of the car, more precisely, the trunk and glove box. If there are such demands from the inspector of the State Traffic Safety Inspectorate, then in this situation it is necessary to demand that the protocol be drawn up, to call two witnesses for the procedure, or to ask everything to be recorded on the video fixing facility.

If a traffic police officer begins to claim that this is not a search, but a routine inspection - you should not listen to him, he says untruth. From the above it becomes clear that the differences in inspection from inspection are very significant. However, if the driver refuses to inspect for any reason, the inspector of the DPS has the right to further conduct a full inspection, not forgetting the rules for holding it with all necessary paperwork. The driver is the main thing to remember: when you ask the traffic police officer to show the contents of a stopped car - this is not inspection, but inspection.

Car Inspection

Inspection of the vehicle is a type of inspection, in which the contents of the vehicle are examined in detail. When it is carried out, a protocol is drawn up and there must be at least two disinterested witnesses (necessarily adults). However, the law also provides for another situation where the inspector, during the inspection of the vehicle, must record all his actions on the video. In this case, the car can be inspected only in the presence of the owner.

Inspector of the traffic police should not touch anything, but at his request, the owner of the car must open and glove compartment, and the trunk, or even pushed any thing. Otherwise, the employee searches, and only the court can give permission to him.

When it becomes clear what the inspection differs from the inspection of the car, it is possible to evaluate the validity of the actions of DPS inspectors.

When demanding to show a fire extinguisher (first-aid kit), you also need to ask for the registration of the protocol, attracting witnesses or video fixing. If the traffic police officer does not draw up a protocol and is not busy searching for witnesses, he unlawfully detains you, which you can safely tell him.

Grounds for inspection and inspection of the vehicle

The traffic police officer must have certain grounds for carrying out the inspection and inspection of the vehicle.

For inspection:

• Orientation to a stopped car.
• The cargo does not correspond to what is stated in the documents.
• Reconciliation of the body number of the stopped car and the number in the STS.
• The operation of the vehicle is prohibited due to any breakage.

For inspection:

• Administrative violation by the driver driving the car.
• Information about the suspicion of transportation of prohibited items - combat weapons, drugs and other things.

Inspection is carried out in the presence of the person administering the vehicle, or the person accompanying the shipment. In this procedure, the integrity of the vehicle being inspected must not be compromised.

As it became clear, the inspection and inspection of the car has a noticeable difference, and each driver should know it. Drivers and just citizens should exercise their rights. Unfair employees may be cunning and trying to issue a screening procedure for inspection and conduct it in an inappropriate manner. What else should I know? In addition to inspection and inspection, there is one more A procedure called a search. It is significantly different from the above manipulations of the traffic police officer. The search is a more serious test, only the court can give permission. If the inspector himself tries to find something, opens the luggage in the car, it is no longer inspection and inspection, but a search.

What if there is an attempt to search without witnesses?

Of course, do not go on about the too cunning civil servant. Secure yourself from illegal actions can be, demanding to call witnesses. If the inspector refuses, then you can also refuse to inspect. If the rules are not observed on the part of the traffic police officer, for example, he began an examination without a protocol or involving witnesses, then punishment must be imposed on him, because He exceeded his official powers. It is worth immediately calling on the phone 102. It's not recommended to interfere with this situation in this situation. It is better to draw witnesses for further testimony and start filming all the actions of the traffic police officer. To file an application with a complaint to the prosecutor's office and the court for illegal actions of the inspector of the DPS after the current situation will be only 10 days.

Human inspection

Also need to consider an example when the inspector asked to show the contents of the pockets of the driver driving the vehicle or passengers of the same car. At once it is necessary to note - he has no right to demand it neither from passengers, nor from the driver, tk. It is already a personal search and it should be carried out several by other rules. To avoid such illegal situations, it is worth analyzing the concepts - inspection and inspection of a person.

In the Federal Law "On Police" it is written that police officers have the right to conduct personal searches and inspections of the vehicle, things belonging to citizens, if they have information that these people have prohibited items - combat weapons, explosives, drugs , Poisonous or radioactive substances. The above suspicions are necessary for conducting personal searches.

Inspections have the right to conduct both on air (airplanes, helicopters) and on water transport (ships, boats, yachts, etc.), in trains and electric trains for the seizure of prohibited items. Therefore, officials of the Ministry of Justice, officers of the FSB, employees of drug control are allowed to conduct personal examination and examination.

Personal search is a study of a person, his personal belongings and clothes, in an attempt to find objects or documents that violate the law. Inspection and inspection of the car have a number of rules for carrying out. Let us dwell on the second in more detail.

In case of personal inspection, the inspector compiles a protocol and attracts disinterested witnesses. In very rare cases, the procedure can be performed without witnesses if there is a suspicion of the presence of weapons from the person being inspected. The inspector and witnesses must be of the same sex as the citizen, whose inspection is carried out. If the child is examined, then his legal representative must be present. The person, whose examination will be conducted, the employee must explain the reasons for the procedure.

In the protocol, all items of clothing and valuables that were inspected are inscribed. You can also take photo and video fixation, and this, too, must be documented. When screening, you should report health status, for example, severe illnesses, such as pancreatitis, or pregnancy. To confirm the words, employees can contact the medical institutions where the inspected person is registered. At the request of the person who was being examined, police officers must issue a copy of the protocol.

Personal inspection

It is also necessary to know the difference between inspection and inspection. You can easily explain it with the example of a security guard in the store. This is the most vivid example of a personal inspection, which most likely every citizen faced, perhaps even without knowing it. He is on the way out of the supermarket and must find out unpaid goods, simply put, to make sure people do not steal.

A personal inspection is a voluntary procedure that represents an external observation of a person. You can refuse from it, and from the demonstration of your things too. The guard does not have the right to touch the person's personal belongings, only can ask them to show them. But he has no right to demand. If the inspector has established the fact of the theft from the citizen leaving the store, he can call the police, and she, in turn, can arrange an inspection. Police officers are authorized to do this.

Checking baggage

When inspecting and inspecting things - examine hand luggage, luggage and other goods transported. In the protocol when inspecting baggage, it is necessary to indicate all the distinguishing features of the things to be checked, all those who were present during the procedure and its results. What is the difference when inspecting and inspecting baggage?

Inspection is a visual check of personal belongings and baggage that does not violate their integrity. Often it is carried out with the help of equipment that scans bags and suitcases. A good example of such examination of luggage and things is a scan at the airport, when a person flies somewhere. Things are checked through a special apparatus. He has a moving tape on which luggage is put for checking, and a specialist sits behind the monitors and examines the contents. At customs inspection, it is not necessary to have the presence of the possessor of the baggage; While no one opens the suitcases and bags.

Examination of baggage is a test much more serious than a simple inspection. When this procedure is opened, suitcases, packages, and possibly the integrity of some things will be broken. Inspection is carried out only if there is a suspicion of an offense, i.e. The employees have good reasons that the transportation of prohibited goods or their concealment is carried out in order to avoid paying a fee. Unlike the inspection, the inspection is conducted only in the presence of the owner of things or, if he is notified, but did not come to the search. An exceptional situation is a threat to security. For this test, there should be two independent witnesses.

Checking rooms

In the Constitution of the Russian Federation, article 25 provides for the inviolability of living quarters. Unauthorized entry into the dwelling of persons without the permission of the residents is prohibited. When illegal penetration into someone else's territory, criminal responsibility can be established. An exception to penetration into a dwelling without permission of the owners may be a judicial authorization or cases established by the Federal Law of the Russian Federation, when it is necessary to protect the legitimate interests of citizens.

Procedures such as inspection and inspection of premises are a study of residential buildings, work offices or accident sites. It is held before the opening of the criminal case, to detect the traces of violations or clarify the circumstances of the offense.

Inspection of the house can be carried out only with the permission of the owner or by order of the court, and also if the case is urgent. In the latter case, the investigator must notify the prosecutor and the court within 24 hours.

In what situations is a police officer free to enter a private room without the permission of the owners?

• If there is a threat to the health and life of specific people.
• When detaining persons who committed or are suspected of committing a crime.
• To prevent a crime.
• When clarifying the circumstances of the accident.

The court owner can always appeal to the higher authorities. If policemen come home after a complaint from neighbors, for example, to loud music, or to identify people without registration, then the police officer can only come in with the permission of the owner.

A distinctive feature of the inspection of premises is that you can not touch anything, move furniture, open cupboards and cabinets, i.e. Perform a search. This is allowed only during a search. If, nevertheless, during the inspection, a search was made for any evidence, in the future they can be declared invalid in court.

What is the difference between inspection and inspection of premises? For screening, there is also no need to initiate criminal proceedings. It is conducted on the basis of suspicion of administrative violation. The officer who performs the search can not open the closet or bag himself, but he can ask the landlord to do this. He himself should not touch things. If a police officer who performs an inspection or inspection takes up things or opens something, then he exceeds his authority, and it is necessary to report this to the higher authorities. As mentioned above, you can start taking photos and videos of illegal activities, but personally discouraging is not recommended.

Human behavior

I would like to note that it is not necessary to take an example from inadequate drivers who recently appear on video on the Internet and provoke traffic police officers or policemen to arbitrariness. Then you will not have to complain about illegal actions of law enforcement bodies in order to restore justice. But drivers still need to be alert in case it is obvious that the employee of state bodies begins to confuse inspection, inspection or search, entangling the person against whom these procedures are being conducted. It is strongly not recommended to clarify the relationship with the person in execution. In the future, all conflict situations will have to be resolved through the court.

And finally. Everyone needs to remember that with the traffic police and other civil servants need to communicate politely, then no one will be faced with an unpleasant conflict situation.